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2021 DIGILAW 209 (KER)

Rajesh v. State of Kerala

2021-03-02

R.NARAYANA PISHARADI

body2021
ORDER : 1. The revision petitioner is the accused in the case S.C.No.1256/2009 pending in the Court of the Additional Sessions Judge-I, Thiruvananthapuram. 2. One day morning, the wife of the petitioner was found hanging at his house. Though she was taken to the hospital, she was declared dead. 3. Initially, a case was registered for unnatural death under S.174 Cr.P.C. Later, the case was converted to one under Sections 498A and 306 I.P.C. After completing the investigation, the police filed charge-sheet against the petitioner for the offences punishable under Sections 498A, 302 and 306 I.P.C. The trial court framed charge against the petitioner for the aforesaid offences. 4. This Revision Petition is filed by the accused, challenging the charge framed against him by the court below for an offence punishable under S.302 I.P.C. 5. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary produced by the learned Public Prosecutor. 6. The case diary contains materials to show that, soon before the deceased was found hanging, the petitioner had beaten her black and blue with a weapon. She had suffered internal bleeding. The autopsy report shows that her death was due to combined effect of constriction force on the neck and the blunt injury sustained to the chest. The doctor who conducted the autopsy has given a statement to the police that the injury sustained by the deceased in the chest independently would have caused her death. 7. Ex facie, the charge framed against the petitioner by the trial court cannot be sustained. S.306 I.P.C states that, if any person commits suicide, whoever abets the commission of such suicide shall be punished. Therefore, only when the death of a person is suicidal, a person can be charged with the offence of abetment of suicide punishable under S.306 I.P.C. 8. Death can be accidental, suicidal or homicidal. The offences punishable under S.302 of I.P.C. and S.306 of I.P.C. are mutually exclusive. The offence punishable under S.306 of I.P.C. presupposes commission of suicide. The offence punishable under Section 302 of I.P.C. contemplates punishment for murder which presumes existence of intention on the part of the accused to kill the victim. S.306 of the I.P.C. envisages suicidal death and it undisputedly excludes homicidal death. Charges under both sections cannot co-exist. The offence punishable under S.306 of I.P.C. presupposes commission of suicide. The offence punishable under Section 302 of I.P.C. contemplates punishment for murder which presumes existence of intention on the part of the accused to kill the victim. S.306 of the I.P.C. envisages suicidal death and it undisputedly excludes homicidal death. Charges under both sections cannot co-exist. But, charge in the alternative can be framed against an accused for offences punishable under Sections 302 and 306 I.P.C. 9. The trial court, in a case triable exclusively by the Court of Session, shall, before framing charge against the accused, hear the submissions of the accused and the prosecution and consider the records of the case as contemplated under Sections 227/228 Cr.P.C. Thereafter, it may frame charge against the accused for the offences, if any, disclosed by the materials produced by the prosecution. In the instant case, the trial court has to adopt this procedure afresh. 10. Consequently, the charge framed against the petitioner/accused by the trial court is set aside. The trial court shall conduct hearing as contemplated under Sections 227/228 Cr.P.C. and proceed to frame charge against the accused for the offences, if any, disclosed by the materials produced by the prosecution. The Revision Petition is disposed of as above.